Can I use Small Claims for this?

[Mr_Magoo]

Hello, I agreed to buy a car from a lady
where I work. She agreed to sell it to me
and we were to complete the deal on April 1.
I paid a company, LemonBusters to inspect the
car at a cost of $125. I shared the results
of the inspection with this lady. A few days
ago she told me that the car was no longer for sale. Can I take her to Small Claims to
recoup the cost of the inspection? Any advice is greatly appreciated. I am from
Texas.

 

[bostongal]

Ok I am not an attorney but, I have taken some law classes dealing with contract law. Although you do have a breach of contract case, I am not sure how much proof you have. If you do not have a written contract it is harder to prove that a contract existed. If you have an oral agreement I am hoping for your sake that you have a witness. One form of proof that you do have is the receipt from the car being checked. If I was you I would file a claim in small claims court.

 

[ALawyer]

Forget the law (specific offer + a non-conditional acceptance = a binding contract. Damages are equal not to the $125 but the loss of the bargain.) and treat this as a matter of interpersonal relations -- and tell her that as a co worker she is responsible. Be a nice guy and point out that if her word means anything, she should reimburse you. Don't bad mouth her -- it would cause you to lose your bargaining power with her.


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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[Mr_Magoo]

Thank you both for your replies. I am inclined
to follow the advice of ALawyer and stay away
from the legal system over what must seem a
trivial amount of money. It was a learning
experience for me as I never expected to have this turn of events take place. Like my father used to say, "Too soon old, too late smart".